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    tleest's Avatar
    tleest Posts: 3, Reputation: 1
    New Member
     
    #1

    May 28, 2012, 10:49 AM
    Small Claims
    I was married for almost 7 years and I left my husband when re-located tons different state. While we're still married he made a payment on the car that's in both our names. He had me email him the dates that I would repay him, but I never asked him to pay the payment. I had text him letting him know that I can't make the car payment because I hadn't gotten a paycheck yet from my job and I wanted him to know that it was going to go past the 30 days and it would show on his credit report. I was trying to be nice and I shouldn't have. I had a police escort with me to get the little belongings that we're mine because I did fear for my life because he was taking depression pills, sleeping pills, and drinking alcohol. I filed a harassment report against him (this was last year 2011). He left me with this car I don't want, credit card debt that he helped accumulate. He kept the money that my parents sent down to us while we were still married. I've blocked him from Facebook, changed my email address and blocked him from that in case he found it out, changed my phone numbers a few times, blocked him from parents email because he would email my parents, my brother and his ex girlfriend. Now a year and a half later from when he made that payment for a few hundred dollars he found me and messaged me on Facebook. Do I have a right to pay him back when I was under duress because we were still married, he kept harassing me and my family. He said he would find a PI and I'd have to pay the money on the payment he offered to pay, PI fees, and court fees. Do I have to pay him back? If I don't pay him back and we go to court would I have a chance of winning?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    May 28, 2012, 10:52 AM
    How was this settled in the divorce? ALL property and debts should have been addressed.

    I'm actually an investigator. What does he think a PI is going to do for him? Locate you? If he DOES locate you that will most probably be his expense.

    I'd let him keep threatening you and then take the threats to the Police.

    I don't know what he's going to claim - the best you can do is go to Court and state your side of things clearly with any proof that you have. Let him bring his own proof.

    Of course, if there was a divorce and this was not addressed, then there's a problem.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    May 28, 2012, 10:54 AM
    If I follow you, he made a payment on a loan that he was coborrower on because you couldn't. Now it wants you to repay it. Do you still have the car?

    This is a borderline issue. He could get a court to agree you owe him the money. But it could also be considered a gift. Could go either way.
    tleest's Avatar
    tleest Posts: 3, Reputation: 1
    New Member
     
    #4

    May 28, 2012, 11:15 AM
    He found a paralegal to handle the divorce paperwork because he wanted to avoid paying attorney fees. He said last June/July that he can he get the divorce reversed. He kept his Military credit card and his car for him to pay and my/our car for me to keep, and my credit cards in my name (but he used) for me to keep. I've called the VA to report that he lied about his shoulder injury and he shouldn't be getting money he doesn't deserve but they shunned me off and said they would do their own investigation. I still have the car because he had us get a hybrid and the last state we lived and when we moved to the state I'm in (not sure if he's still in this state) he had us trade that hybrid in for the car I have now. He made me/us so upside down on this car that I can't get rid of it unless I put $5,000 down on a different car to get loan less. I'm just tired of dealing with him and this.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    May 28, 2012, 11:17 AM
    You need to check if a court approved the divorce. If it did then his threats are empty.
    tleest's Avatar
    tleest Posts: 3, Reputation: 1
    New Member
     
    #6

    May 28, 2012, 11:21 AM
    The divorce got finalized on February 10, 2012. But can he make me pay the payment he offered to pay when I never asked him to pay?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #7

    May 28, 2012, 11:32 AM
    It's your word against his - no way to know which story is more believable.

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